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The overriding objective of a fair trial

It is suggested that the following dictum of Treacy J in Robinson v Abergavenny Magistrates' Court [2007] EWHC 2005 (Admin) should be regarded as of equal application to disciplinary proceedings, except to the extent that any particular rule requires otherwise.

The overriding objective (of the Criminal Procedure Rules 2005) is that criminal cases be dealt with justly. That involves and includes acquitting the innocent and convicting the guilty. Each participant in the conduct of the case must prepare and conduct the case in accordance with the overriding objectives. That includes at once informing the court and all parties of any significant failure by another party to take any procedural step. It includes responsibility for early identification of the real issue in the case and the obligation actively to assist the court in fulfilling its duties, including early identification of the real issues and co-operating in the progression of the case.

 

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